Title 3, Agriculture

§ 3105. Sale of condensed, evaporated or concentrated milk. No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any condensed, evaporated or concentrated milk wh…

§ 3106. Sales of milk or cream under fictitious, coined, or trade names. No person, by himself or herself or by his or her agents, servants or employees, shall manufacture, sell or exchange or have in possession with intent to sell or exchange any milk, cream or skimmed milk whet…

§ 3107. Penalty for violating § 3104, 3105 or 3106. Whoever violates § 3104, 3105, or 3106 of this title shall be fined not less than $50 nor more than $100, or imprisoned not less than 30 nor more than 60 days, or both.33 Del. Laws, c. 52, § 4; Code 1935, § 650; 3 Del. C. 1953, …

§ 3108. Enforcement of chapter. (a) The Department of Agriculture shall enforce this chapter, and may make such proper rules and regulations as are necessary for such enforcement. (b) Nothing in subsection (a) of this section shall prevent any individual from prosecuting any pers…

§ 3109. Mastitis analysis of milk samples; appropriations; allocations. The sum of $9,000 shall be included in the general appropriation bill which is presented to each biennial General Assembly, and appropriated therein to the Department of Agriculture to defray the expenses of …

§ 3111. Babcock test requirement. No person or his or her agents or servants engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, shall take, collect or use for testing purpos…

§ 3112. Licensed tester. Every person or agent or servant thereof engaged in the business of receiving or buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein, or on the basis of tests made for official inspection or pub…

§ 3113. Qualifications and duties of licensed tester; fee; renewal of license. For the purpose of this subchapter, a licensed tester is any person who, having furnished satisfactory evidence of good character and having passed a satisfactory examination in milk and cream testing …

§ 3114. Licensed weigher and sampler; qualifications and duties; fee; renewal of license. (a) Every person engaged in the business of buying milk or cream on the basis of, or in any way with reference to, the amount of butterfat contained therein or on the basis of tests made for…

§ 3115. Frequency of testing, holding, retesting and reporting. (a) Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test of the milk at least o…

§ 3116. Percentage of fat used as basis of payment. No percentage of fat ascertained from a sample containing milk or cream that has been so treated as to cause it to test lower or higher than the test of the milk or cream from which it was taken shall be used as a basis of payme…

§ 3117. Approved weight or measure or butterfat test as basis of payment. (a) No person purchasing or selling milk or cream or both by weight or measure or butterfat test, and no agent or servant of any such person, shall use as a basis of payment for such purchase any weight or …

§ 3118. Butterfat statement given producers; contents. (a) Every person or agent or servant thereof purchasing or receiving milk or cream from the producer thereof for manufacturing purposes or for reselling the same shall, at each time of payment to the producer for milk or crea…

§ 3119. Authority to enter premises and examine books, records and testing apparatus. The Department of Agriculture or its agents may enter the premises and examine the books, the records and testing apparatus of any person, for the purpose of carrying out this subchapter.32 Del.…

§ 3120. Violations and penalties. (a) Whoever violates this subchapter, except § 3111 of this title, shall be fined not less than $10 nor more than $50, or imprisoned not less than 10 nor more than 30 days, or both. (b) Whoever violates § 3111 of this title shall be fined not les…

§ 3121. Persons responsible for violations. For violation of any of this subchapter proceedings may be instituted against the owner or manager who is responsible for the business transacted, together with the certified tester or the person weighing and sampling, and either or all…

§ 3122. Payment of fines and other money; disposition. All fines and penalties received for violations of this subchapter and all moneys received in compliance with this subchapter shall be paid to the Department of Agriculture or its agents and shall thereafter be paid into the …

§ 3123. Purchase of milk or cream by state institutions. Whenever a state institution purchases milk or cream pursuant to competitive bids based on the butterfat contents of the milk or cream supplied or to be supplied pursuant to such bid or bids, the tests to determine the butt…

§ 3131. Approved testing glassware and utensils. No person purchasing milk or cream and paying for the same on the basis of the percentage of butterfat contained therein shall, if the percentage of butterfat is ascertained by the “Babcock test,” use any test glassware except stan…

§ 3132. Specifications for standard Babcock testing glassware. The term “standard Babcock testing glassware” applies to glassware and weights complying with the following specifications: (1) Standard milk test bottles. — Graduation. — The total per centum graduation shall be 8. T…

§ 3133. Inspection and marking of Babcock test bottles. (a) Every person, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount of percentage of butterfat contained therein, as determined by the “Babcock …

§ 3134. Violations and penalties. Whoever violates this subchapter shall be fined not less than $10 nor more than $50, and shall pay the costs of prosecution.32 Del. Laws, c. 37, § 3; Code 1935, § 646; 3 Del. C. 1953, § 3134;

§ 3141. Registration of markings on containers. (a) Any person engaged in manufacturing, bottling or selling milk, cream or other dairy products in bottles, boxes, tins, cans or other receptacles or containers, with such person’s name or names or other mark or marks, or device or…

§ 3142. Use of registered containers. (a) No person shall fill with milk, cream or other dairy products, or other beverages, oils, compounds or mixtures, any bottles, boxes, tins, cans or other receptacles or containers, marked or distinguished by or with any name, mark or device…

§ 3143. Deposits on containers. The requiring, taking, or accepting of any deposit upon the delivery of any bottle, box, tin, can or other receptacles or containers, the name, mark, or device upon which has been filed and published as provided for in this subchapter, shall not co…

§ 3144. Confiscation by owner of unlawfully used containers. The owner or proprietor, or his or her or its agent or agents, may take possession of any bottles, boxes, tins, cans, or other receptacles or containers, used in violation of this subchapter, whether the receptacles or …

§ 3145. Sterilization of bottles. Glass bottles used in the sale and delivery of milk, cream and other dairy products shall be sterilized before each and every filling, and shall not be used by the owner or owners thereof, or by any other person for any other purpose whatsoever.C…

§ 3146. Violations and penalties. Whoever violates this subchapter shall be fined not more than $10 for each offense, unless a different penalty is prescribed by the section violated.Code 1915, § 3594E; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(f); 3 Del. C. 1953, § 3146; 70 D…

§ 3147. Jurisdiction of offenses. Justices of the peace shall have jurisdiction of offenses under this subchapter.Code 1915, §§ 3594G, H; 40 Del. Laws, c. 221, § 1; Code 1935, § 4086(h), (i); 3 Del. C. 1953, § 3149; 70 Del. Laws, c. 283, § 4;

§ 3148. Appeals; bond; time for taking. Any person convicted of violating this subchapter shall have the right of an appeal to the Court of Common Pleas upon giving bond with surety satisfactory to the justice of the peace or judge before whom such person was convicted. The appea…

§§ 3149, 3150. Jurisdiction of offenses; appeals; bond; time for taking [Transferred]. Transferred.

§ 3161. Requirement of bond; amount. (a) No milk dealer or handler shall purchase, acquire or receive on consignment or otherwise milk from producers unless the milk dealer or handler has filed with the Department of Agriculture a corporate surety, individual surety, or collatera…

§ 3162. Computation of amount; milk from another state. Milk purchased, acquired or received by a milk dealer or handler from producers outside the State and sold or distributed by such dealers or handlers as fluid milk within the State, shall be included in computing the amount …

§ 3163. Filing by dealer not engaged in business during preceding year. A milk dealer or handler purchasing or acquiring or receiving or intending to purchase, acquire or receive milk from producers, but not so engaged during any month of the preceding calendar year, shall file a…

§ 3164. Time of filing; period effective. (a) The bond required in this subchapter shall be filed with the dealer’s or handler’s application for a license, and shall be filed within the time for filing such application. (b) The bond shall become effective upon its being filed wit…

§ 3165. Surety requirements. (a) A corporate surety bond shall be executed to the State by the milk dealer, as principal, and by a corporate surety company. The Department of Agriculture shall have no power to reject any corporate surety bond which is so executed by a corporate s…

§ 3166. Substitutions. The Department of Agriculture may grant to any milk dealer or handler the authority to substitute for any bond, surety or any collateral, another bond, surety or other collateral, provided that such other bond, surety, or collateral meets all the requiremen…

§ 3167. Financial statement; acceptance in lieu of surety. (a) A milk dealer or handler shall, from time to time, when required by the Department of Agriculture, make and file with such Department a verified statement of his or her disbursements, or of any other facts in connecti…

§ 3168. Increase of bond. If it appears from the dealer’s or handler’s financial statement, or from facts otherwise ascertained by the Department of Agriculture, that the bond afforded to producers selling, supplying or making available on consignment or otherwise milk to such mi…

§ 3169. Decrease in bond. The Department of Agriculture may grant a reduction of the bond or the collateral, or release an additional surety, if it appears that owing to a decrease in the milk purchased, received or handled by the dealer or handler, or to other causes, a bond in …

§ 3170. Bonds, collateral, etc., deposited with State Treasurer. All bonds, together with any moneys, or securities given as collateral therefor, received by the Department of Agriculture from milk dealers pursuant to the provisions of this subchapter, shall be transmitted by the…

§ 3171. Income from collateral. The milk dealer or handler shall be entitled to all moneys received by the State Treasurer as interest or dividends upon any security or securities deposited by such milk dealer or handler with the Department of Agriculture and transmitted by the D…

§ 3172. Suit upon bond. The Department of Agriculture may sue on the bond on behalf of producers. Suit may be brought in the name of the State upon relation of the Department of Agriculture or of the Attorney General, in such manner as debts are by law recoverable.Code 1935, § 65…

§ 3173. Order of Department of Agriculture. If, by valid formal order refusing, suspending or revoking a license, after hearing with due notice to all those liable on the bond, the Department of Agriculture has found a milk dealer or handler to be indebted thereunder, such order …

§ 3174. Distribution of proceeds of bond or collateral. The Department of Agriculture shall prescribe the procedure for the payment, out of the proceeds of any bond or collateral required by this subchapter, of the amounts found due to producers or handlers or dealers, based on s…

§ 3175. Statement of purpose [For application of this section, see 84 Del. Laws, c. 434, § 4]. This subchapter establishes the permitting, testing, and inspection requirements applicable to the sale and distribution of fresh milk, raw milk, and products derived from raw milk that…